The saying “timing is everything” applies to litigation just as it applies to all other aspects of life. it rings true
throughout the course of litigation—and
often includes the important decision of
when to hire an economic-damages expert.

every case does not necessarily require you
to retain an economic-damages consultant
for the benefit of your client. For instance, a
top gun may not be needed for those cases
in which the economic damages claimed are
low in amount or easily calculated. however,
even in the most straightforward litigation,
an economic-damages ace can provide great
assistance in developing your case.

SOONER IS A SAFER BETWhether the case is straightforward orcomplex, an economic-damages expertcan play an integral role in effectively de-veloping your case pre-trial and the mannerin which it is presented to the trier of fact.The right professional can provide criticalassistance in identifying potential damageissues of which you and the client may notbe aware—and in developing winning strat-egies to further the client’s interests.

AT THE OUTSET OF LITIGATION

hiring someone well-versed in economic
damages during the early stages of litigation
should allow you and the insured ample
opportunity to accurately and efficiently
develop damage theories, as well as provide
an edge in identifying, managing and defending against possible damage theories
that your opponent intends to advance.

This early assessment may also
provide valuable assistance with respect
to exploring settlement options before
significant sums of time, money and

DURING THE DISCOVERYPHASE OF LITIGATION

Bringing in an economic-damages
expert at the outset of the discovery phase
of litigation should greatly assist you
in developing a purposeful and productive
discovery strategy, one that is concentrated
on bringing about the best possible result
for the client.

an economic-damages pro should be
capable of assisting you and the insured in
focusing discovery efforts toward the heart
of the economic-damages issues at hand
and should also provide critical advice
on how best to prepare and respond to
discovery requests focused on the
economic damages of your client’s case.

THE OUTSET OF SETTLEMENT ACTIVITIES
employing an economic-damages expert at
the outset of settlement activities should
translate into your being better equipped
to tackle and drive the direction of pre-trial
settlement activities, such as mediation and
settlement negotiations.

During these stages of litigation, an
expert can provide you and your client with
significant assistance in analyzing your
opponent’s economic-damages claims as
well as a credible evaluation of the value—
or lack thereof—of the claim so you and
the client can determine how to handle
pre-trial settlement activities.

When making the determination of
when to hire an economic-damages expert,
it’s better to be proactive instead of reactive.
Waiting until the late stages of litigation to
add one to your team could result in higher
litigation costs to you and the client—and in
a worst-case scenario, this could result in a
loss when a win was achievable. NU

Illustration by Kelly Farrar

 Ari Lorin Markow, of Spile,
Siegal, Leff & Goor LLP, focuses
his practice on business and commercial litigation as well as corporate structure and commercial
transactions. He may be reached
at amarkow@spile-siegal.com.